Failure to Yield Accidents
Failure to yield accidents are common in Los Angeles and elsewhere. Many drivers are eager to get where they are going and are willing to fudge the rules a little to get there. A few drivers always act as if they have the right of way, regardless of what the rules are. But just a moment of aggressive or inattentive driving may result in serious injuries to both the driver and someone else. All drivers must obey the rules related to the right of way. Determining who had the right of way may be challenging, though. At the Law Offices of Devin Sawdayi, our Los Angeles car accident lawyer focuses on building cases for injured people so that they can focus on their recovery.Pursuing Compensation for a Failure to Yield Accident
Failure to yield accidents happens when a driver who is supposed to yield does not, thereby causing a crash. An example would be where a driver fails to yield to a flashing yellow light; or a driver wrongfully turns into oncoming traffic while driving straight. Similarly, when a driver exiting a driveway fails to yield to cars on the road or a pedestrian walking across the crosswalk is wrongfully struck by a negligent driver.
In order to recover damages, the failure to yield must be the actual and legal cause of the injuries. If the injuries are too remote from the failure to yield, you will not be able to recover damages. However, the failure to yield does not need to be the sole cause of the accident for a claim to succeed.
If you believe that an accident was caused by a failure to yield, you should take photographs of the damage to your vehicle and your injuries, record the time of the accident, and gather the name and contact information of any witnesses. The witnesses may have a better sense of who had the right of way—you or the other driver. You should not apologize or admit any fault to the other driver or discuss blame. Your statements may be used as evidence against you in a personal injury action to limit what you can recover.
In some cases, both drivers were distracted, making it especially difficult to prove fault. In other situations, you may be offered a quick settlement by the adjuster just after the accident, but you might not know the full scope of the damages until some time has passed, so you should not talk to the adjuster or sign anything without discussing the matter with your own attorney. The adjuster may be friendly, but they are likely looking for ways to reduce the other driver's liability by securing an admission of fault from you.
If a jury determines that both the defendant and you are to blame for a failure to yield accident, it will apportion fault. Under the doctrine of comparative negligence, your damages will be reduced by your percentage of fault. For example, if you were at a four-way stop sign, and it was not clear who was there first, but both the other driver and you were texting at the time, the jury will assign percentages of fault for the accident. If the total damages are $50,000, and you were 50% responsible, you may recover $25,000.
Damages that you may be able to recover if you establish liability include economic and noneconomic losses. These losses may include medical bills, hospital bills, vocational rehabilitation, lost wages, out-of-pocket costs, disfigurement, scars, and mental anguish.Retain a Knowledgeable Los Angeles Attorney Following a Car Accident
If you are hurt in a failure to yield accident, you are entitled to recover damages from the person who failed to yield. We may be able to use our skills and experience to negotiate with the at-fault party's insurer, develop the evidence to establish liability, and take your case to trial as necessary so that you can focus on getting well. Contact Los Angeles lawyer Devin Sawdayi at 310-475-9399 or via our online form for a free appointment with a motor vehicle collision lawyer.